Constitution - Hawkwell Parish Council

1. Title and Area

The Council shall be called Hawkwell Parish Council and operate in the area specified in the Statutory Order setting up the Parish Council or in any subsequent amendment.

2. Definitions

Unless the sense suggests otherwise, any reference to “Council” or “the Council” means the Hawkwell Parish Council and any reference to “the Clerk” means the Clerk of the Council. The expression “Chairman” means Chairman of the Council.

3. Functions

The functions of the Council shall be:

To exercise such powers and duties as are laid upon it by statute
To exercise such powers and duties as are laid upon it by these rules
To exercise such powers and duties as are laid upon it by agreed delegation from the Essex County Council or Rochford District Council
To protect, enhance and promote the environment of the area of the Parish Council
To protect, enhance and promote the collective interests and well-being of the residents of the Parish of Hawkwell
To make representations to Rochford District Council, Essex County Council, and any other Statutory Body or Public Utility on matters affecting the residents of Hawkwell Parish
To stimulate and foster support for approved policies of the Council

4. Constitution

(a) The Council shall consist of:

17 Members elected by the electors of the Parish of Hawkwell or such other number as may be specified by the District Council which shall not be less than six
Such co-opted Members as the Council may determine

(b) Ward Representation For the purposes of the election referred to in (a)(1) above, the area of the Council shall be divided into two wards, each electing Members as specified below:

East Ward — 8 Members
West Ward — 9 Members

In the event of a vacancy occurring, for whatever reason, in the membership of the Council, the vacancy will be advertised by public notice in all Parish Notice Boards and by advert in the local press
A by-election will be held if, within fourteen days, a poll is claimed by ten electors of the parish ward
If a poll is not claimed, the vacancy may be filled by co-option within sixty days of the date of the public notice and Council will be convened to fill the vacancy

The procedure for co-option is as follows:

The Clerk will place a notice on all Parish Notice Boards inviting applications for co-option.
Applications must be in writing and include brief background information about the candidate.
Any applications must be received eight working days prior to the date of the next Full Council Meeting.
The applicants will be invited to attend the next Parish Council meeting.
All letters of application will be forwarded with the papers for the meeting to all Members.
Members will interview the applicants. If more than one applicant is being considered, they will be interviewed one at a time and the other applicants will leave the meeting.
Only on completion of the above process, if a candidate has been found to be acceptable, will a motion (if properly seconded) to co-opt be considered in the normal way.
If more than one candidate is considered suitable for a single vacancy, only after completion of the above process will a motion be put and, if properly seconded, Members will vote on the suitable candidates in alphabetical order by secret ballot.
Following this, the voting papers will be stored in the office for a period of one year.
If the ballot results in a dead heat, the Chairman will be required to exercise a casting vote.
If there is more than one suitable candidate for a single vacancy, unsuccessful applicants will be asked if they wish their details to be held for future vacancies, when they will be contacted again, but the above procedure will still be followed.
The person co-opted will complete the Declaration of Acceptance of Office and Declaration of Interests etc. and serve for the remainder of the term of the Councillor replaced.

All Councillors shall retire together in every ordinary year of election of such Councillors, on the fourth day after the ordinary day of election of such Councillors, and the newly elected Councillors shall come into office on the day on which their predecessors retire.

5. Financial and Administrative Year

The Financial and Administrative year of the Council shall be in the period commencing on the first day of April and ending on the thirty-first day of March in the following year.